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The Community's Participation In The Punishment Of Crime In Early Arab Society

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Chapter Summary

The author believes that the genuinely Arab character of the duty of the community by reference to certain early sources dealing with pre-Islamic happenings, and also on the basis of certain passages which, though referring to events of the early Islamic period, must be considered as reflecting pre-Islamic conditions. Instances of this use of aqāda -and also of qāda-occur quite frequently in early Arabic literature. The very early, and thus genuinely Arab character of the community- obligation to surrender the criminal (especially the murderer) to the rightful avengers of the crime, is not only proved by various historical instances in which this usage was practiced, but is also emphatically stressed by the peculiar term by which this usage of &t;surrendering&t; the criminal is usually described, i.e., the term aqāda, with a double accusative, &t;to let someone 'lead' someone else&t;. This very particular term certainly goes back to very early times.

Keywords: aqāda; Arab society; community participation; Islamic period



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